This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
Michigan USLegal Guide to Stalking
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In most states, stalking laws require the government to show that the defendant, with knowledge or purpose, engaged in such a course of conduct to place the victim in fear or to cause them mental distress. Police may charge an individual with stalking regardless of any pre-existing relationship with the victim.
The Legal Elements of Stalking In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim.
In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.
What 3 elements must be present in order to prove the crime of stalking? Person willfully, maliciously, and repeatedly follows or harasses another. Person made a credible threat. Made threat with specific intent to place person in reasonable fear for their or their families safety.
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, ...
Aggravated or felony stalking is a more serious criminal offense, and involves the above conditions in conjunction with other factors which may include a previous stalking conviction, violation of probation, parole, pre-trial release, or an existing restraining order, or a feasible threat against either the victim or ...
Testimony from someone who says that the defendant told them that he or she intended to commit the crime, an eyewitness saying that the defendant acted deliberately, or. the defendant's confession that he or she intended to act.
A widely accepted definition of stalking focuses on; 'The wilful, malicious and repeated following and harassing of another person that threatens his or her safety. '
Stalking involves persistently following someone. It does not necessarily mean following them in person and can include watching, spying or forcing contact with the victim through any means, including through social media. Stalking involving fear of violence or serious alarm or distress is a more serious offence.
The mental element in the commission of criminal acts--intent--is discussed and illustrated with examples portrayed from investigating officers' perspectives. Criminal intent is defined as the resolve or determination with which a person acts to commit a crime.
